This Article Full Text (OnlineFirst PDF) All Versions of this Article: 0734016809332095v1 34/4/515    most recent Alert me when this article is cited Alert me if a correction is posted Services Email this article to a friend Similar articles in this journal Alert me to new issues of the journal Add to Saved Citations Download to citation manager Request Permissions Request Reprints Add to My Marked Citations Citing Articles Citing Articles via Google Scholar Citing Articles via Scopus Google Scholar Articles by Boots, D. P. Articles by Elliott, E. Search for Related Content Social Bookmarking                         What's this?

The State of the Castle: An Overview of Recent Trends in State Castle Doctrine Legislation and Public Policy

University of Texas at Dallas

^* To whom correspondence should be addressed. E-mail: deniseboots{at}utdallas.edu.

	Abstract

Second Amendment issues regarding the right to bear arms in the home have come into focus recently with the U.S. Supreme Court landmark decision in District of Columbia v. Heller. Despite strong antigun sentiment in the wake of high-profile shootings, sweeping new castle doctrine legislation has passed in 23 states in the last 4 years. These laws effectively expand individuals’ right to defend their home and possessions with lethal force without the necessity to retreat. To date, there is little criminological research that examines the evolution of the modern castle doctrine legislation in the United States. The present article addresses this gap in the literature by offering a historical perspective on the legal etiology of the castle doctrine relating to self-defense and then analyzes existing and pending castle doctrine legislation through December 2008. A discussion of the legal and criminological implications of these statutes on public policy is offered.

First published on March 5, 2009, doi:10.1177/0734016809332095

Criminal Justice Review 2009;34:515.

A more recent version of this article appeared on December 1, 2009


CiteULike    Complore    Connotea    Del.icio.us    Digg    Reddit    Technorati    Twitter    What's this?